Cell phone video shows APD officer kicking, punching man

Posted at: 02/06/2012 11:05 PM

Albuquerque Police Department is opening an internal investigation after a video seen on YouTube shows an officer trying to detain a young man downtown.

Some might say the officer appears to be using excessive force.

A bystander caught cell phone video when a fight broke out on Central Avenue Friday night.

The video clearly shows an APD Officer Andrew Hsu punching and trying to detain Jayson Bernard.

Bernard said he was not a part of the fight.

"They grabbed my girlfriend pretty hard so I was going toward the cop and was like 'what are you doing' and that's when the other cop grabbed me and just started hitting me, and got me on the floor, was kneeing me in the back of the head," Bernard explained.

In the video, it appears Bernard was trying to restrain after Hsu punched him. Bernard said he was not resisting arrest.

"I kind of pulled away in the beginning but once he told me to come back, I was doing what he said. I didn't hit back, I didn't try anything like that because I knew if I did, I'd be going to jail for a long time," Bernard said.

Hsu eventually got Bernard on the ground and cuffed him. At that point, Hsu can be heard cursing at Bernard.

Former police officer and private investigator Aaron T. Jones reviewed the video and said the language the officer used is concerning.

"Hearing the words and the choice of words that were used, and the lack of words as far as giving directives to get down and comply with his demands, that's probably the biggest concern," Jones said.

Jones also said a minute-long video is not enough to judge the situation. "Everyone doesn't see what happened the minutes prior to that."

APD officials said the video is enough to open an investigation but they still have to look at lapel camera footage and interview other officers and witnesses at the scene.

The results of the internal investigation will determine if APD will take any action

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